Charges have been refiled against a man accused of brandishing a gun at an Albuquerque park and assaulting his girlfriend.

The judge had dismissed the case against Xavier Amaya, 24, earlier Monday because the police report had not been signed by the officer.

Advertisement

An officer was able to get the charges refiled before Amaya was released from the Metropolitan Detention Center. He was rebooked and is in custody.

Cellphone video showed a man, identified by police as Amaya, pointing a gun at his girlfriend and then shoving her.

"I told you to leave me the (expletive) alone," Amaya says in the video. "Don't touch me. Get the (expletive) out of my face."

Albuquerque police said the two were at a park on San Pedro Drive SE when they got into an argument. The situation turned violent with the suspect allegedly assaulted the woman and others with the firearm before fleeing.

Jenny Wonder told Action 7 News she recorded the video. She did not know Amaya or the woman he is accused of attacking. She was just trying to enjoy a nice afternoon at the park when the confrontation began.

"He kind of flies in from the parking lot with two girls, a big fight going on, and he immediately had the gun out in the girl's face," Wonder said.

Wonder is heard on the video saying she is going to send the recording to police. Then she gets involved, yelling at Amaya to go away.

Amaya left the park.

Wonder said she immediately started helping the girlfriend, who was bleeding after getting pistol-whipped. Wonder said she called 911, then posted the video to Facebook.

After an investigation, police took Amaya into custody. He was charged with domestic violence, aggravated assault and battery.

"I like to think the social media, blasting that video, sped it up," Wonder said, adding that she's glad the man who turned a day at the park into a life-threatening event is off the streets and behind bars.

The gun was tagged into evidence, police said.

Amaya has no prior felony convictions, according to his criminal record.

He faced a judge Tuesday and his bond was set at $50,000. His conditions of release are no drugs, no alcohol, no weapons and no contact with the victims.